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New York Family Law Questions & Answers
1 Answer | Asked in Family Law for New York on
Q: What paperwork do I need to file with NYS Courts to vacate a temporary custody order that is in place?

I want to vacate a temporary custody order that was put in place in 2015. I want to file for full custody for my son. What paperwork do I need to file?

In addition because of this, I need to terminate the child support I am paying for children that are not mine. What paperwork do I need... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Jan 25, 2022

A common misconception among family court survivors is that a form can fix things, hence the question about what "paperwork" to file. There is far more information needed and a consult with a lawyer may be necessary.

Initially, temporary orders of custody evaporate once an...
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1 Answer | Asked in Child Custody and Family Law for New York on
Q: Can a mother go to court to get custody over an 18 year old because he committed serious legal ramifications?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 20, 2022

The courts cannot grant custody of an 18 year old.

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Child Support and Family Law for New York on
Q: Best way to appeal a verdict from a relocation/ custody relocation case from Judge Carney

I have 50 days to present an appeal that was filed by my previous attorney for a reversal of the verdict. I am seeking residential custody of my 7 year old. I need a good family law attorney

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Jan 19, 2022

There is no "best way" to appeal any order from any judge in family court. The appellate standard is that the decision of a judge shall not be lightly overturned unless it lacks a sound and substantial basis in the record. This means that Carney, a Buffalo judge and former practitioner in... Read more »

1 Answer | Asked in Estate Planning, Family Law and Child Custody for New York on
Q: We are interested in appointing a legal guardian for our 16yo son in case of an accident during an upcoming vacation.

We will be traveling abroad and our son will stay with my sister. If we get in a plane crash we want to make sure he is taken care of according to our wishes. We wish to appoint my sister as legal guardian. Should we establish a will to express our wishes in regard to our property and our... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Jan 19, 2022

We here cannot offer legal advice as there is no attorney-client relationship formed between the asker and the responding lawyer. We are an education site.

One bit of education is that the law works best when an event giving rise to a case already happened. This means the process is far...
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1 Answer | Asked in Family Law for New York on
Q: Attempted to serve husband with court papers for paternity, had a baby with current boyfriend. Paternity test possible?

Tried to have a process server serve current husband with court papers for paternity.. I had a baby with my boyfriend. Is it possible to get a paternity test done without my husband being involved? I attempted to serve him with court papers.

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Jan 19, 2022

We cannot provide legal advice as there is no attorney-client relationship formed here on this website. We can educate.

One bit of education is that husbands are presumed to be the biological fathers of their wife's children. The asker wants to establish something New York law already...
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1 Answer | Asked in Family Law for New York on
Q: Can I transfer the ownership of the house to my daughter, even though I got married after I bought the house?

I bought the house as a sole owner 10 y ago. I have a daughter/ from a previous marriage who is now 19 y old. I got remarried after I bought the house. Can I transfer the ownership of the house to my daughter so in case of a divorce my current husband cannot take advantage of the home equity built... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Jan 19, 2022

We cannot provide legal advice as to how to bilk an opponent in anticipation of a court action. However, we can educate.

Trickery in avoiding exposure to a court's judgment as to realty will cause a heavily sanctioning of the tricky litigant. Indeed, New York law excludes separate...
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1 Answer | Asked in Family Law and Child Custody for New York on
Q: My daughter n to give her brother power of attorney so he can put her children in school, doctors right away she is in

Ny Children in Atlanta Georgia will the power of attorney papers be okay .

Russel Morgan
Russel Morgan answered on Jan 12, 2022

Yes, though this question is a bit unclear but happy to assist you over the phone or email.

3 Answers | Asked in Family Law for New York on
Q: Can a mother legally take inheritance away from a 18 year old because they stole,snuck out and smoked as a minor

can inheritance(a big sum of money and land) be taken away from an 18 year old if they have committed crimes in the past?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 10, 2022

An 18 year old is an adult and as such an inheritance cannot be taken without a court order or a provision in the will to allow it.

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0 Answers | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: Can a mother get custody or guardianship or be granted any legal action over an 18 year old because he did crimes?

(crimes such as stealing,smoking sneaking out when he was a minor) i would also like to know if the mother is able to take any sort of legal action over th 18 year old

0 Answers | Asked in Child Custody and Family Law for New York on
Q: How can I go for custody of my niece

I have been taking my niece since she was three months old every week from 2 to 4 days a week she is now two years old both parents are neglectful they recently had a CPS report and now the mother has gone as far as trying to cover up her neglect by erasing her Facebook and blocking the family... Read more »

2 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: My grandson was placed with me. School principal came out told me I was no longer allowed to drop him off at the school.

School principal said I was no longer allowed to drop grandson off at school. It's a cps case he was placed with me due to mothers drug addiction. He has been in this school since beginning. No idea where his mother is at. I am not enrolling him where I live keeping him in school hes been in.... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 5, 2022

Because he is no longer a resident of the school district. If his formal address is with you, he must switch to your neighborhood school.

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0 Answers | Asked in Criminal Law, Divorce, Family Law and Appeals / Appellate Law for New York on
Q: Hey how can I change the status in this case ?

I was in a relationship with my son mother at the time and she called the cops on me because she caught me with another girl

1 Answer | Asked in Contracts, Divorce and Family Law for New York on
Q: Last page of my prenup was not signed by notary, only the appendices. Does this invalidate the document?

Want to make sure prenup is still enforceable in court because it is missing the notary signature on the last page. The notary signature and stamp is only on the appendices, where the detail of the assets and liabilities is listed.

David Ivan Bliven
David Ivan Bliven answered on Jan 3, 2022

If the notary stamp & signature was not on the acknowledgement page, then it would appear the prenup is invalid. One is best advised to have it re-notarized - though definitive advice can only be given after a review of the document. Thus, please call a NYC Family law attorney for a full... Read more »

0 Answers | Asked in Family Law for New York on
Q: what should I do ?

Hello I’m looking for a lawyer for my situation with my mother. My mother is disabled and receives social security/disability. So her son paid her rental deposit on her previous apartment but then he kept her disability card to pay himself back. He ended up keeping her card and using it for the... Read more »

1 Answer | Asked in Family Law for New York on
Q: Daughter and her mother moved to Florida. Buffalo,NY family court currently has jurisdiction. I am moving to Florida

Can I have have case moved to Florida?

Can I have Erie county child support collection unit terminated?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 29, 2021

As both parties are in Florida, jurisdiction would be in Florida. Child support that is being sent to support collection can only be terminated by agreement and/or court order.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can my sons father take my son from me?

I’m an unmarried mother of a 20 month old and his father is very emotionally/mentally/verbally abusive towards me. He doesn’t hit me but threatens to. Recently he drank half a bottle of brandy by himself and threatened to kill me. Any time I disagree with him on something he threatens to take... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 29, 2021

To begin with, unless there is an acknowledgement of paternity on file in the clerk of the town where the child was born, the father would have to go to court go get an order saying he is the father. Once he is established as the father, he has no greater rights to the child than you do. Based... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can my sons father take my son from me?

I’m an unmarried mother of a 20 month old and his father is very emotionally/mentally/verbally abusive towards me. He doesn’t hit me but threatens to. Recently he drank half a bottle of brandy by himself and threatened to kill me. Any time I disagree with him on something he threatens to take... Read more »

David Ivan Bliven
David Ivan Bliven answered on Dec 29, 2021

First, you should begin audio and video-taping him. Capturing his threats & verbal abuse would be good evidence in court. Second, if he drinks to the point of intoxication, you should get a video of him in his drunken stupor. Third, you don't have to put up with domestic violence. Put... Read more »

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0 Answers | Asked in Estate Planning, Family Law and Gov & Administrative Law for New York on
Q: Is there a link and location in New York I can find a Medical Attestation form? Thanks

It’s regarding my child’s nationality.

1 Answer | Asked in Child Support and Family Law for New York on
Q: Does the amount of child support reduce for the non custodial parent if child doesn’t live with custodial parent?

If my child lives with grandparents instead of custodial parent how is child support calculated? Does the amount get adjusted because child doesn’t live with residential parent. Are both parents now obligated to pay? Let me preface by saying I have joint custody and I would like my child to live... Read more »

Howard E. Knispel
Howard E. Knispel answered on Dec 20, 2021

If a payee parent is no longer custodial of the child, he/she is not entitled to any child support. If the grandparent that is now custodial over the child they must petition for support from both parents.

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